WEST CHESTER — Final land development plans for Hartshorne Manor, also known as the Barclay grounds, breezed through Borough Council on Wednesday night, receiving approval as requested.

But it was not a defeat for residents who opposed development, many of whom voiced their concern at Tuesday’s work session and at previous meetings.

At the request of Councilwoman Cassandra Jones, council agreed to open discussions at Wednesday’s monthly council meeting to condemn the property. Council would later vote to prepare an ordinance to condemn the property through use of eminent domain by a vote of 5-1 with one absence. Councilman John Manion was the dissenting vote

The development plans were approved by a unanimous vote of 6-0 with one absence.

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“We have to tip our hats to the citizens as well as the developers in this situation for conducting themselves in such an amicable way to resolve this,” Jones said.

Council members agreed the involvement by residents was admirable and said they wished there was this much passion at every meeting.

Jones made a motion for the borough solicitor to begin preparing an ordinance of condemnation for the property. Councilman Stephen Shinn seconded the motion.

Condemnation of the property need not imply the land is uninhabitable or unfit for development. Instead, the term condemn is used to describe the official act of a government when dealing in eminent domain to transfer the property from private ownership to the government, in this case the borough. The property owners would be entitled to full market value of the property if it is condemned.

To condemn the property, it would require the borough to pass an ordinance, which needs proper advertising and notice at public meetings before a vote can be taken. Despite the approval of the land development plans, condemnation of the property can occur at any time. Council acted on the plans to make sure it’s decision fell within the allotted 90 days since they were submitted by the developer. The plans were pursued as a development by right.

Manion again voiced his concern on behalf of the borough’s financial committee that he has a responsibility to the residents to keep taxes down if possible and questioned the ability to garner enough funding to purchase the property.

“There is a risk here, there is a risk that these grants are not obtained,” Manion said.

Councilman Tom Paxson voiced concerns about money as well drawing reference from well-attended meetings a few years ago where council had to discuss tax increases with residents.

“I will support this, but if it gets to the point where we have to raise taxes on our citizens to do this, I’m out,” Paxson said.

The final land development plans for the property, were approved unanimously by the borough’s planning commission last month.

In contrast to the numerous residents against the development, one resident said he was in favor of the plans.

“I personally think that four houses there could be an asset to the community,” he said highlighting the benefits of raising a family in the borough.

Opponents of the proposed development addressed council members during last week’s committee meetings and this week urging council to consider eminent domain and lay out plans to gather funding to purchase the property in the event of condemnation. Residents have cited its use as a passive park and rare tree specimens as reason to save the property as is.

Since hearing of the final land development plans, residents have begun a mission to save the property, keeping it as a passive park space and garnering support throughout the community with more than 1,600 signatures on an online petition.

Should enough money be raised to purchase the property, a persisting problem is that the property is technically not for sale and thus does not have a price.

According to developers, they have already signed agreements of sale with other parties for two of the lots. Based on the going rates for the lots, funding needed to purchase the property would be $1.2 million to $1.4 million.

The Barclay property is on a block bordered by North High and North Church streets on the east and west with Marshall Street to the south and West Virginia Avenue on the north end.

At less than four acres, the property is broken into two lots. The first lot on the north side, about two acres, includes the Barclay House and will remain untouched. John Milner Associates sold the property in February to local developers Tony Stancato and Victor Abdala of StanAb LP. Development plans are to subdivide the one lot into four, allowing space for four residential homes.

About the Author

Jeremy Gerrard is the Daily Local News' reporter covering the West Chester area and local school district. Jeremy is a Chester County native and a graduate of Auburn University. Reach the author at jgerrard@dailylocal.com
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